The 14th Amendment of the U.S. Constitution was enacted in response to the controversy regarding the citizenship status of former slaves. President Biden said the constitutional provision gives him the legal standing to circumvent Congress’ stand-off on the debt ceiling.
“I have been considering the 14th Amendment,” Biden told reporters Tuesday after a meeting with top congressional leaders from both parties failed to reach an agreement on the measure.
Some constitutional experts argue that the debt ceiling – which only permits the financing of debt Congress has already authorized – violates the 14th Amendment.
After the Civil War, the country faced a lot of debt. Drafted during Reconstruction, Section 4 of the 14th Amendment states in part, “The validity of the public debt of the United States… shall not be questioned.
Biden, a former law professor at Widener University Delaware Law School, said that while he believes this amendment gives him the authority to unilaterally address the matter of the country’s debt, he realizes the constitutionality of such an action would be disputed.
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Biden said, “The problem is it would have to be litigated. And in the meantime, without an extension, it would still end up in the same place.”
With congressional leaders unable to reach a compromise, it is expected that the U.S. will run out of money to pay its bills on June 1.
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